UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-2187

HUEY L. HAMRICK,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
KITT ENERGY CORPORATION,
Respondents.

On Petition of Review of an Order of the Benefits Review Board.

(00-600-BLA)

Submitted:

March 14, 2002

Decided:

March 21, 2002

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Huey L. Hamrick, Appellant Pro Se. Patricia May Nece, Jennifer U.
Toth, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Richard
Phillips Johnson, Lexington, Kentucky, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Huey L. Hamrick seeks review of the Benefits Review Boards
decision and order dismissing his appeal from an Administrative Law
Judges decision denying his claim for black lung benefits as
untimely.

We affirm.

A notice of appeal must be filed within thirty days from the

date upon which the decision or order of the ALJ was filed in the
Office of the District Director.

See 20 C.F.R. 802.205.

The

ALJs decision and order were filed in the Office of the District
Director on July 31, 2001.

Hamricks notice of appeal, postmarked

September 5, 2001, and received in the Office of the Clerk on September 10, 2001, is therefore untimely. See Dominion Coal Corp. v.
Honaker, 33 F.3d 401, 405 (4th Cir. 1994).
Accordingly, we affirm the Boards order dismissing Hamricks
appeal as untimely.

We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process.

AFFIRMED